Reassessment Order Invalid Under Karnataka VAT Act: Time-Barred by Section 46(1), Section 40(2) Conditions Not Met.

Validity of reassessment order passed u/s 39(2) of the Karnataka Value Added Tax - barred by limitation or not - It is pertinent to note that Section 40(2) of the Act applies to a case of a dealer who is unregistered and who has not paid taxes and has fraudulently failed to pay tax which results in punishment under Section 79 of the Act - the condition precedent for invocation of Section 40(2) of the Act have not been fulfilled in the case of the respondent and hence, the aforesaid provision does not apply to the case of the respondent. - the proceeding has to be held to be barred by limitation in view of the period of limitation prescribed under Section 46(1) of the Act. - HC .....

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